United States District Court, D. Arizona
HONORABLE DAVID C. BURY UNITED STATES DISTRICT JUDGE.
case having been stayed for 90 days and now returned to the
Court's active docket, a case management scheduling
conference was held on April 9, 2019. The Court reviewed the
parties' Joint Case Management Report, and they agreed to
proceed as follows:
* The Defendants may immediately refile their previously
filed dispositive motion, which this Court denied as moot
when it entered the stay.
* The Plaintiff may file a Motion to Amend the Complaint.
* Subsequent to both motions being fully briefed the Court
shall rule, and in the event, this matter proceeds thereafter
the case shall proceed as a standard track case, LRCiv.
16.2(b)(2)(B), as follows:
the parties abide by the following schedule and rules:
Initial disclosures required by Federal Rule of Civil
Procedure 26(a) have been completed.
Plaintiff shall disclose any expert witnesses and reports to
the Defendant on or before: 3 months after
disposition of the above referenced motions. The
Defendant shall have 30 days from the date of Plaintiff's
expert witness disclosure to disclose any experts and their
reports. Plaintiff may have 15 days, thereafter, to disclose
any rebuttal expert opinions.
Discovery shall be completed by: 6 months after
disposition of the above referenced motions.
are reminded that they are not to file the actual disclosures
with the Court, just the notices of disclosure, pursuant to
the Rules of Practice of the United States District Court for
the District of Arizona (Local Rules), LR Civ.5.2. Discovery
is governed by the Federal Rules of Civil Procedure in regard
to limitations on interrogatories and depositions. Leave of
Court is required for any divergence from the federal rules.
Interrogatories must be submitted sufficiently in advance to
permit the opposing party to answer before the discovery
deadline, thereby giving the party submitting the
interrogatories sufficient time to undertake discovery made
necessary by the answers.
event of a dispute over discovery matters, the parties'
attorneys are cautioned to first engage in personal
consultation regarding the dispute and to make a sincere
effort to resolve the conflict. See Local Rule 7.2(j).
Counsel should act to resolve discovery disputes quickly. If
such efforts fail, Counsel should then jointly call the
Judge's law clerk to arrange a schedule for resolving the
Dispositive motions shall be filed by: 30 days
following the close of discovery. Counsel are
reminded that all motions, memoranda, and pleadings submitted
for the Court's review and decision must comply with the
filing, time, and form requirements of the Local Rules.
to LR Civ. 7.2(i), failing to file the requisite responsive
memorandum or failing to appear at oral argument may be
deemed a consent to the granting or denial of a ...